International Tax Ruling


Allows Bharti Airtel’s appeal on limitation, credit eligibility on towers an interpretational issue

CESTAT Bangalore holds denial of CENVAT credit to Bharti Airtel (Assessee) as barred by limitation and allows Assessee’s appeal, however, upholds Revenue’s stance on merits; Department&rsq...View More

Remits matter pertaining to ITC reversal on burning loss to original authority

Madras HC remits the matter pertaining to stock transfer and ITC reversal on burning loss in terms of Section 19(9) of Tamil Nadu VAT Act; Relies on its own decision in the matter of Interfit Techno P...View More

Allows deduction of 1% turnover discount depicted 'clearly' in invoice, dismisses Revenue's "technical approach"

J&K HC holds that “nature of the discount whether it is cash or trade discount or the time of payment of the said discount is not material for and connected matters deducting the discount fr...View More

Quashes order requiring credit reversal w.r.t. exempt service covered in negative list u/s 66D

CESTAT Bangalore finds that assessee engaged in exempted service of sale of space or time for advertisement in print media duly reversed proportionate credit, thereby, Rule 6 (3) of CENVAT Credit Rule...View More

Renting of godown for storing raw-materials a service for 'storage upto place of removal'

CESTAT, Bangalore extends CENVAT credit on service of renting of premises/godown for storing raw material availed by assessee; Remarking that “godown of raw-material and the renting service in r...View More

Quashes demand under 'franchise service' on development compensation charges received by MTNL

CESTAT Delhi sets-aside order demanding Service Tax on compensation received by MTNL towards development rights under the Project Agreement under franchisee service u/s 65 (105)(zze) of Fina...View More

DGFT Notification construable as one issued by Central Govt; upholds price-fixation  of 'Cashew Kernels'

Gujarat HC rules that “in view of the provisions of the Customs Act and Foreign Trade Act, notification issued by the DGFT is to be considered as notification issued by the Central Government wh...View More

Allows credit on outdoor catering, courier & other ‘business related activities’ post April 1, 2011

CESTAT Mumbai sets-aside denial of CENVAT credit to assessee (Hawkins Cookers Ltd.) on outdoor catering service, courier service, air and rail travel as well as tour operator service and club & as...View More

No limitation period for post import obligation violation, upholds demand & penalty

Madras HC dismisses appeal against CESTAT order imposing demand and penalty for breach/violation of post-import condition w.r.t. import of Mulberry Silk under Duty Exemption Entitlement Certificate (D...View More

No warrant to exercise extraordinary writ jurisdiction against a speaking/reasoned order

J&K HC refuses to entertain writ petition assailing rejection of refund to the tune of Rs. 23 lakhs on finding that "No exceptional case is made out to exercise the extraordinary writ jurisdiction...View More